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We are Security of Payment lawyers who can help you recover your debt and give you the right legal advice.
The Building Industry Fairness (Security of Payment) Act 2017 was legislated because of payment disputes that commonly happen in Australia’s building and construction industry. It is no surprise that these disputes can’t be avoided. Especially in a city like Brisbane where the construction industry is also at its peak, similar to Sydney and Melbourne.
Through the Building Industry Fairness (Security of Payment) Act 2017, builders and suppliers have legal rights to receive progress payments and their principals are expected to serve them the amount or a payment schedule. This was also implemented to resolve insolvencies in the building and construction industry in the country.
The construction industry is well-known for late payments and non-payments. It makes up about 20% of all insolvencies or cases of those who are unable to pay debts.
Basically, the industry is approximately:
The Security of Payment Act is a legislation that ensures anyone who carries out construction work or supplies building materials receives progress payments. This also provides a faster and inexpensive process in resolving payment disputes.
Additionally, the Act is implemented across Australia and differs in each state in terms of its rules or execution.
These rights cannot be contracted out of. “Paid when paid” provisions are also now void.
If your contractor keeps on giving you the runaround regarding payment for work you’ve already done, call on a building lawyer to check if they are in breach of their contract. What they are doing is illegal and unfair to you, so take control of the situation!
To ensure that money will continuously flow into your business throughout doing a project, you must properly set up progress claims. The actual payment will be based on a verified percentage of project completion. Our law firm has the expertise and experience to guide you on how to properly craft payment claims and payment schedules for your building business.
‘Due Diligence’ refers to taking reasonable steps in relation to a particular course of action. In a construction contract, it can have a number of more specific meanings. It can place an obligation on the contractor to complete the works with care and with requisite effort.
Adjudication is the legal process for resolving disputes without resorting to lengthy and expensive court procedures. This can be an overwhelming process, but Construction Lawyer Brisbane can guide you through it. We have extensive experience in court proceedings, drafting of submissions and other supporting documents for adjudications and dealing with construction solicitors. You will be in good hands.
You have the right to enter a court judgement and bring your case to the higher-ups. We can make sure that you are guided and represented well throughout your court process. In terms of debt recovery, we will look over your your contracts and documents to pinpoint exactly where you stand legally. We will prepare claims and schedules, and draft submissions for adjudication to ensure that you will receive the construction payment you rightfully deserve.
